[1] This is an application under Enclosure 7 by the Defendant to set aside the judgment in default of appearance entered against him on the 9th of May 2012.

[2] The Defendant listed the following grounds in his application namely:

1) That the service of the writ of summons and statement of claim was irregular and invalid and not in accordance with O 10 r 1(1) Rules of the High 1980.

2) No certificate of non appearance was produced by the Plaintiff when praying for judgment to be entered on the 9th May 2012 as required under O 13 r 7 Rules of the High 1980. It was only taken out on the 4th December 2012.

3) The Notice of Motion to enter judgment was improper and invalid because:-

I. It should have been made by way of summons and not by motion as per O 13 r 6(3) Rules of the High 1980.

II. Affidavit in support of the Notice of Motion should not be deposed by the Plaintiff's counsel.

III. The Notice of Motion was never served on the Defendant and should not have been heard ex-parte.

4) The Senior Assistant Registrar was misled by the Plaintiff's counsel when the cou